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Follow on Google News | How To Evict A Tenant In Massachusetts (Eviction Law) - Worcester Law GroupRead about the crucial 10 step process to dealing with an eviction in Massachusetts presented by the Worcester Law Group - Landlord Tenant Law Experts.
By: Worcester Law Group Eviction Process - Worcester Law Group - State of Massachusetts http://www.worcesterlawgroup.com/ Have you ever wondered what an eviction process looks like? The state of Massachusetts has outlined the legal process that is involved in evicting a bad tenant. Landlords and property managers beware - not abiding by this process can result in a very bad outcome for your case. Get rid of bad tenants with the skill and expertise of professional landlord attorneys. Worcester Law Group has put together this informational piece on how to proceed with the eviction process in Massachusetts as it realigns its focus on serving and representing lawyers and property managers. Here is the 10 step eviction process in Massachusetts. 1.) Notice to Quit If you made a written lease you must provide a notice to quit! 2.) Summons & Complaint After the notice period passes (7, 14, 30 days). Once the notice period passes you may then have the Sheriff or constable deliver to the tenant the summary process summons and complaint. This will inform the tenant that the court action has commenced. 3.) The Answer If the tenant responds within the allotted time. Tenant is allowed a written response. This device allows them to fight you with their side of the story. Commonly listed defense and counter claims are: Tenant Defense 1. Improper Eviction Process 2. Rent Not In Arrears 3. Late Benefits Check Be aware of tenant claims: • Violations of state sanitary codes • Violations of other laws • Retaliation for complaints • Harassment/Discrimination • Security deposit violation This 'Answer' form must be received by both the court and to you the landlord by the Monday before the court date. 4.) Discovery Gives tenant opportunity to ask the landlord questions Discovery Process • Tenant asks landlord questions under oath (interrogatories) • Right to ask for documents regarding to the eviction • Landlord only has 10 days from discovery request for answers • Failure to do in timely fashion tenant can file a motion to compel • This delays the hearing date by two weeks 5.) Bench, Jury Trials & Mediation Tenant has a right to a jury trial. Jury trial can postpone the case for over 2 weeks. It may be wise to try mediation, it can save you time + money. If you compromise you may come to an agreement for judgement and is a binding court document. 6.) Court Judgement Post-Trial. The judge usually gives you the decision right away. In some cases, though, he may take the case under advisement and you will have to wait for the decision in mail. 7.) Appeal If tenant loses - they may appeal Appeal Process • Tenant must file within 10 days • Must state reason for appeal • Tenant will be required to pay an appeal bond • Court can waive the bond if tenant deemed unable to pay 8.) Execution If tenant loses and does not appeal Execution Process • Court will issue an execution for possession 10 days after judgement • Cannot commence the eviction without execution for possession • Sheriff or constable can send this execution • Must give tenant 48 hours written notice of date of removal • Execution for possession is valid for 3 months Note that if the eviction was for nonpayment of rent, and tenant pays and the landlord accepts the payment of the amount - then landlord cannot use this execution and must return it to court. 9.) Stay of Execution Tenant may apply for a stay of execution Stay of Execution Process • If eviction was not tenants fault and • Tenant has no place to go; • Judge may allow tenant to stay for up to 6 months • If elderly or handicapped can be up to 1 year • Nonpaying tenants not entitled for stay of execution 10.) EVICTION Final eviction step is the eviction Eviction Process • Official move occurs when Sheriff delivers notice • Date of Move usually 2 days in advance • Sheriff may physically evict tenant if non-complacent • Tenants belongings have to be put into storage • Landlord assumes storage and moving costs! This is how the eviction process usually goes in Massachusetts. Seek legal help if you are unsure. Worcester Law Group Contact Info: • Attorney John Elloian • Address: 32 Elm St, Worcester, MA • Phone: 508.752.2400 • http://www.worcesterlawgroup.com/ End
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